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26-23B-8
Section 26-23B-8 Preservation of anonymity. In every civil or criminal proceeding or action
brought under this chapter, the court shall rule whether the anonymity of any woman upon whom
an abortion has been performed or induced or attempted to be performed or induced shall be
preserved from public disclosure if she does not give her consent to such disclosure. The
court, upon motion or sua sponte, shall make such a ruling and, upon determining that her
anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and
shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing
rooms to the extent necessary to safeguard her identity from public disclosure. Each order
shall be accompanied by specific written findings explaining why the anonymity of the woman
should be preserved from public disclosure, why the order is essential to that end, how the
order is narrowly tailored to serve that interest, and why no reasonable less...
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26-23A-11
Section 26-23A-11 Anonymity in court proceedings. In every civil or criminal proceeding or
action brought under this chapter, the court shall rule whether the anonymity of any woman
upon whom an abortion has been performed or attempted, shall be preserved from public disclosure
if she does not give her consent to such disclosure. The court, upon motion or sua sponte,
shall issue written orders to the parties, witnesses, and counsel and shall direct the sealing
of the record and exclusion of individuals from courtrooms or hearing rooms to the extent
necessary to safeguard her identity from public disclosure. In the absence of written consent
of the woman upon whom an abortion has been performed or attempted, anyone, other than a public
official, who brings an action under Section 26-23A-10 shall do so under a pseudonym. This
section may not be construed to conceal the identity of the plaintiff or of witnesses from
the defendant. (Act 2002-419, p. 1074, ยง11.)...
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26-23G-8
Section 26-23G-8 Anonymity of certain individuals in court proceedings. In every civil, criminal,
or administrative proceeding or action brought under this chapter, the court shall rule whether
the identity of any woman upon whom an abortion has been performed or attempted to be performed
shall be preserved from public disclosure if she does not give her consent to such disclosure.
The court, upon motion or sua sponte, shall make such a ruling and, upon determining that
her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel
and shall direct the sealing of the record and exclusion of individuals from courtrooms or
hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each
order shall be accompanied by specific written findings explaining why the anonymity of the
woman should be preserved, why the order is essential to that end, how the order is narrowly
tailored to serve that interest, and why no reasonable less...
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26-23B-3
Section 26-23B-3 Definitions. For purposes of this chapter, the following terms shall have
the following meanings: (1) ABORTION. The use or prescription of any instrument, medicine,
drug, or any other substance or device to terminate the pregnancy of a woman known to be pregnant
with an intention other than to increase the probability of a live birth, to preserve the
life or health of the child after live birth, or to remove a dead unborn child who died as
the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant
woman or her unborn child, and which causes the premature termination of the pregnancy. (2)
ATTEMPT TO PERFORM OR INDUCE AN ABORTION. An act, or an omission of a statutorily required
act, that, under the circumstances as the actor believes them to be, constitutes a substantial
step in a course of conduct planned to culminate in the performance or induction of an abortion
in this state in violation of this chapter. (3) FERTILIZATION. The...
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26-23G-3
Section 26-23G-3 Dismemberment abortion prohibited unless necessary to prevent serious health
risk to mother of unborn child. (a) Notwithstanding any other provision of law, it shall be
unlawful for any individual to purposely perform or attempt to perform a dismemberment abortion
and thereby kill an unborn child unless necessary to prevent serious health risk to the unborn
child's mother. (b) An individual accused in any proceeding of unlawful conduct under subsection
(a) may seek a hearing before the State Board of Medical Examiners on whether the dismemberment
abortion was necessary to prevent serious health risk to the unborn child's mother. The findings
of the board are admissible on that issue at any trial in which such unlawful conduct is alleged.
Upon a motion of the individual accused, the court shall delay the beginning of the trial
for not more than 30 days to permit the hearing to take place. (c) No woman upon whom an abortion
is performed or attempted to be performed shall...
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36-25A-9
Section 36-25A-9 Enforcement; hearings; penalties and remedies. (a) This chapter is designed
and intended to hold members of governmental bodies, and the bodies themselves, accountable
to the public for violations of this chapter. Therefore, enforcement of this chapter, except
a violation of Section 26-25A-3(a)(1), may be sought by civil action brought in the county
where the governmental body's primary office is located by any media organization, any Alabama
citizen impacted by the alleged violation to an extent which is greater than the impact on
the pubic at large, the Attorney General, or the district attorney for the circuit in which
the governmental body is located; provided, however, that no member of a governmental body
may serve as a plaintiff in an action brought against another member of the same governmental
body for an alleged violation of this chapter. The complaint shall be verified, shall state
specifically the applicable ground or grounds for the complaint as set out...
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25-5-11
Section 25-5-11 Actions against third parties jointly liable with employers for injuries or
death; actions for injury or death resulting from willful conduct; attorney's fees in settlements
with third parties. (a) If the injury or death for which compensation is payable under Articles
3 or 4 of this chapter was caused under circumstances also creating a legal liability for
damages on the part of any party other than the employer, whether or not the party is subject
to this chapter, the employee, or his or her dependents in case of death, may proceed against
the employer to recover compensation under this chapter or may agree with the employer upon
the compensation payable under this chapter, and at the same time, may bring an action against
the other party to recover damages for the injury or death, and the amount of the damages
shall be ascertained and determined without regard to this chapter. If a party, other than
the employer, is a workers' compensation insurance carrier of the...
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8-38-9
Section 8-38-9 Violations of notification requirements. (a) A violation of the notification
provisions of this chapter is an unlawful trade practice under the Alabama Deceptive Trade
Practices Act, Chapter 19 of this title, but does not constitute a criminal offense under
Section 8-19-12. The Attorney General shall have the exclusive authority to bring an action
for civil penalties under this chapter. (1) A violation of this chapter does not establish
a private cause of action under Section 8-19-10. Nothing in this chapter may otherwise be
construed to affect any right a person may have at common law, by statute, or otherwise. (2)
Any covered entity or third-party agent who is knowingly engaging in or has knowingly engaged
in a violation of the notification provisions of this chapter is subject to the penalty provisions
set out in Section 8-19-11. For the purposes of this chapter, knowingly shall mean willfully
or with reckless disregard in failing to comply with the notice...
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34-19-14
Section 34-19-14 State Board of Midwifery - Powers and duties; scope of licensed practice of
midwifery. (a) The board shall do all of the following consistent with this chapter: (1) Approve,
renew, suspend, or revoke licenses for the practice of midwifery. (2) Investigate and conduct
hearings regarding complaints against a licensed midwife in order to determine if disciplinary
action is warranted. (3) Establish reasonable licensure fees, including, but not limited to,
initial application, renewal, and reinstatement fees. (4) Develop standardized forms including,
but not limited to, a midwife disclosure form, informed consent form, emergency care form,
and applications for licensure and renewal. (5) Impose administrative fines, not to exceed
one thousand dollars ($1,000) per violation, for violating this chapter, a board rule, or
a condition of a license. (6) Establish levels of professional liability insurance that must
be maintained by a licensed midwife at a limit of no less than one...
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36-25-27
Section 36-25-27 Penalties; enforcement; jurisdiction, venue, judicial review; limitations
period. (a)(1) Except as otherwise provided, any person subject to this chapter who intentionally
violates any provision of this chapter other than those for which a separate penalty is provided
for in this section shall, upon conviction, be guilty of a Class B felony. (2) Any person
subject to this chapter who violates any provision of this chapter other than those for which
a separate penalty is provided for in this section shall, upon conviction, be guilty of a
Class A misdemeanor. (3) Any person subject to this chapter who knowingly violates any disclosure
requirement of this chapter shall, upon conviction, be guilty of a Class A misdemeanor. (4)
Any person who knowingly makes or transmits a false report or complaint pursuant to this chapter
shall, upon conviction, be guilty of a Class A misdemeanor and shall be liable for the actual
legal expenses incurred by the respondent against whom the...
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